Legal Definitions - courts of the franchise

The term courts of the franchise refers to historical courts or tribunals that derived their authority and jurisdiction from a specific grant of power, privilege, or right, known as a "franchise," issued by a sovereign or government. These franchises often conferred rights to operate specific markets, ports, or other public services, and the associated courts were responsible for enforcing the terms of these grants and resolving disputes arising within their defined scope. While the term is largely historical, it illustrates how judicial authority could be specialized and decentralized based on specific chartered privileges.

• Example 1: Medieval Market Court

  Imagine a powerful lord in medieval England who received a royal charter (the franchise) granting him the exclusive right to hold an annual fair in his town. This charter also empowered him to establish a special court to resolve any disputes that arose among merchants and customers during the fair, such as disagreements over prices, quality of goods, or debts incurred within the market grounds.

  This court would be considered a court of the franchise because its authority to hear and decide cases derived directly from the royal grant that allowed the lord to operate the fair and administer justice specifically within its context.

• Example 2: Chartered Port Authority Court

  Consider a coastal city in the 17th century that was granted a royal franchise to manage its harbor. This franchise included the right to levy tolls on ships docking there and to operate a specialized court to adjudicate maritime disputes, enforce port regulations, and settle claims related to cargo or shipping within its jurisdiction, separate from the general town courts.

  The court established by the city for these specific purposes would function as a court of the franchise. Its judicial power was not general but specifically tied to the chartered privilege (the franchise) of managing the port and its associated commercial and legal activities.

• Example 3: University Privilege Court

  Historically, some ancient universities were granted royal charters that gave them significant autonomy, including the right to establish their own courts. These courts would handle disciplinary matters and even some civil or minor criminal cases involving their students and staff, often exempting them from the jurisdiction of local municipal courts.

  Such a university court, operating under the specific powers granted by its royal charter, would be considered a court of the franchise. Its jurisdiction was a direct result of the sovereign's grant of a special privilege or "franchise" to the university, allowing it to administer justice within its own academic community.